Terms and Conditions of Use for Babson College Websites

Welcome to the Babson College (“Babson”) Websites. Please carefully review these Terms and Conditions of Use (the “Terms”) before accessing or participating in any website transaction or other on-line experience available at Babson.edu or other Babson-affiliated sites (each a “Site”; collectively, the “Sites”). These Terms apply to any visitor to the Sites. By accessing and using the Sites, you acknowledge that you have read, understand and agree to be bound by these Terms. These Terms constitute the entire agreement between you and Babson and its affiliates with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. If you do not wish to be bound by these Terms, please do not access the Sites.

Intellectual Property

The entire content of the Sites, including without limitation, the software, site design, logos, artwork, audio, video, text, images and other content, as well as the selection, assembly and arrangement thereof are the sole property of Babson or its licensors, and is protected by US and international copyright laws. In consideration for your acceptance of the Terms contained herein, Babson grants to you a personal, non-transferable, non-exclusive license to access and use the Sites only for your own personal, non-commercial use. Any other use, including the reproduction, retransmission, distribution, modification, republication, display, performance, or commercial exploitation of any content on the Sites is strictly prohibited.

Babson respects that intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe your copyright has been violated on the Sites, please provide the following information, pursuant to 17 U.S.C. §512(c)(3):

A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
A description of the copyrighted work claimed to have been infringed;
A description of the infringing material and information reasonably sufficient to permit Babson to locate the material;
Your contact information, including your address, telephone number, and email;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
A statement that the information in the notification is submitted pursuant to the provisions of the DMCA.

Disclaimer

The Sites and their content are provided on an “As-Is” basis, and Babson makes no representation or warranty of any kind, express or implied, with respect to the Sites, including, without limitation, the implied warranties of merchantability, fitness for use of a particular purpose, non-infringement, accuracy, completeness and freedom from computer viruses or other harmful components.

Limitation of Liability

In no event shall Babson, its affiliates and their respective trustees, directors, officers, employees, agents, representatives, content providers or service providers be liable for damages of any kind, including, without limitation, direct, indirect, compensatory, special, incidental, punitive and consequential damages even if made aware of the possibility of such damages, whether in an action under contract, negligence or other theory, arising out of or in connection with the use, inability to use or performance of the Sites and/or any content, materials or services available at the Sites.

Indemnification

You agree to indemnify, defend, and hold harmless Babson, its affiliates and their respective trustees, directors, officers, employees, agents, representatives, content providers or service providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions of Use or any activity related to any use or access of the Sites (including negligent or wrongful conduct) by you or any other person accessing the Sites using your internet account, Babson username or account password.

Limitation of Use

You agree to use the Sites in accordance with all applicable laws, and only for uses consistent with these Terms. The Sites may not be used for private commercial or partisan political purposes, for personal gain, for unsolicited advertising, nor in any way that is inconsistent with Babson’s tax-exempt status. You further agree that you will not email, submit or post anywhere on the Sites the following:

Content that violates Babson’s policies.
Content that is libelous, defamatory, obscene, harassing, abusive, threatening or otherwise unlawful.
Content that is bigoted, hateful or racially offensive.
Content that discusses illegal activities with the intent to commit them.
Advertising or any form or commercial solicitation.
Content that infringes upon another’s intellectual property, including, but not limited to, distribution, re-distribution, attempted downloading, or downloading of copyrighted materials without the permission of the copyright owner.
Content which includes a virus, worm, Trojan-horse or other code designed to acquire, surreptitiously intercept or expropriate information about other users or designed to disrupt, damage, compromise the security of, or detrimentally interfere with the functionality of any portion of the Sites.

You agree that you shall remain solely liable for the content of any information submitted by you to the Sites. You further agree that you will not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Sites. Although Babson does not routinely screen or monitor content posted by Site users, Babson reserves the right in its sole discretion to remove content which violates these Terms, but is under no obligation to do so.

You are responsible for maintaining the confidentiality of your account username and password, if any, and for restricting access thereto, and you agree to accept responsibility for all activities that occur under your username and password. You agree that billing and registration information you provide on the Sites will be accurate and complete.

Revocation or Suspension of Use Privileges

Babson reserves the right at any time to refuse service, remove or edit content, or terminate or suspend your access to some or all of the Sites if you engage in activities that we conclude, in our sole discretion, violate these Terms.

Applicable Law

Your use of the Sites shall be governed by the laws of the Commonwealth of Massachusetts without regard to its choice of law principles. You agree that any dispute arising out of or relating to these Terms or any content posted to a Site, including copies and republications thereof, whether based in contract, tort, statutory or other law, shall be governed by the laws of the Commonwealth of Massachusetts. You agree that all disputes hereunder shall be resolved in the state or federal courts of Massachusetts. You further consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses otherwise available.

Third Party Links, Content and Engagement

The Sites may contain links, content and/or search results that reference or contain links to other websites operated by third parties that may offer opportunities for engagement. Babson has no control over and makes no representations nor warranties whatsoever regarding any such third party websites that you may access through the Sites. You are strongly encouraged to seek any professional or other advice prior to entering into any transaction, sharing personal information and/or otherwise engaging with or on such sites, including without limitation the content and persons connected therewith. The fact that the Sites may contain such links to other sites, content or search results is not and may not be construed as an endorsement of any such website, its content and/or any of the activities or engagements suggested thereon or resulting therefrom. Babson is not responsible for any aspect of the acts, omissions, privacy practices, terms, conditions and/or content of such websites nor the transactions or engagements resulting therefrom. If you should link to a third-party website from a Site, we also strongly encourage you review and become familiar with that website’s privacy and other terms of use. By using such sites and/or other content and engaging thereon, you are solely responsible for the engagement therewith, reviewing and evaluating any and all content thereon, making all decisions in connection therewith, assume all risks thereof and will hold harmless Babson and its trustees, officers, employees, representatives and agents from and against any and all claims, losses, actions, causes of action, damages, suits, liabilities, penalties, fines, costs and expenses, including without limitation reasonable attorneys’ fees, occasioned thereby.

Changes to the Sites

Babson reserves the right to make additions, deletions, modifications, corrections and other changes to the Sites and any services offered therein at any time and without prior notice to you. Babson also reserves the right to cancel any offering or service for any reason.

Privacy Policy

Please review for information on Babson’s privacy practices with respect to the Sites. By using the Site, you agree to comply with the Privacy Policy.

Security

The Site has reasonable, physical, technical and administrative security measure in place to prevent unauthorized access to or loss, misuse and alteration of the information under our control.

About these Terms and Conditions

Babson reserves the right to change, alter or modify these Terms for any reason at any time.

Contact Information

If you have any questions about these Terms, please contact us at webmaster@babson.edu.